In a Motor Accident Claims Appeal, the High Court enhanced specific compensation heads and reduced contributory negligence from 30% to 20%. The appeal was allowed, and the respondent was directed to deposit the enhanced amount.
Enhanced compensation to Rs. 2,10,400 excluding contributory negligence; contributory negligence reduced to 20%.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.NO.1740 OF 2020
Subramaniam
.. Appellant
Vs.
The Managing Director,
Tamilnadu State Transport Corporation Ltd.,
Coimbatore – Erode,
No.37, Mettupalayam Road,
Coimbatore.
Prayer: This Civil Miscellaneous Appeal is filed under Section
173 of the Motor Vehicles Act, 1988, against the Judgment and
Decree dated 11.12.2019 made in M.C.O.P. No.493 of 2015 on the
file of the Motor Accident Claims Tribunal / Subordinate Judge,
Sankari.
For Respondent : Mr.A.Sundaravadanam
This Civil Miscellaneous Appeal has been filed seeking
enhancement of compensation granted by the Tribunal in the Award
dated 11.12.2019 made in M.C.O.P.No.493 of 2015 on the file of
the Motor Accident Claims Tribunal / Subordinate Court, Sankari.
2. The appellant is the claimant in M.C.O.P.No.493 of
2015 on the file of the Motor Accident Claims Tribunal,
Subordinate Court, Sankari. He filed the above said claim
petition, claiming a sum of Rs.15,00,000/- as compensation on
account of the injuries sustained by him in the accident that
occurred on 11.09.2015.
3. The Tribunal, considering the pleadings, oral and
documentary evidence, held that the accident occurred due to the
rash and negligent driving by the driver of the bus belonging to
the respondent/Transport Corporation as well as the negligent
act on the part of the appellant, and fixed 30% contributory
negligence on the part of the appellant and 70% contributory
negligence on the part of the respondent/Transport Corporation
and awarded a sum of Rs.1,50,000/- as compensation. Not being
satisfied with the amount awarded by the Tribunal and aggrieved
by the fixation of 30% contributory negligence, the appellant
has come out with the present Appeal.
4. The learned counsel for the appellant contended that
the appellant was aged about 64 years at the time of accident.
Due to the accident, he has sustained grievous injuries and
fractures. He was admitted in Hospital as in-patient from
11.09.2015 to 23.09.2015. During the treatment period, he
underwent surgeries and plate and screw were fixed. After
discharge from the Hospital, the appellant was unable to do the
work as before. The Medical Board examined the appellant and has
fixed permanent disability at 15%. He further contended that the
Tribunal had erroneously fixed 30% contributory negligence on
the part of the appellant and the amount awarded by the Tribunal
under different heads are meagre and hence, he prayed for
enhancement of compensation.
5. Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the Tribunal
after considering both oral and documentary evidence in a proper
perspective, has awarded compensation which is not meagre and
prayed for dismissal of the Appeal.
6. Heard the learned counsel for the appellant as well as
the learned counsel appearing for the respondent-Transport
Corporation and perused the entire materials on record.
7. From the materials available on record, it is seen
that the Tribunal had fixed 30% contributory negligence on the
part of the appellant, on the ground that the appellant was
negligent in crossing the road. Ex.P3-Rough sketch also reveals
the same. Though I find no reason to interfere with the Award of
the Tribunal except the quantum awarded under various heads,
considering the age of the appellant and the nature of injuries
sustained by him, the contributory negligence fixed at 30% is
reduced to 20%.
8. Considering the nature of injuries sustained by the
appellant/claimant, this Court awards a sum of Rs.15,000/-
towards “Attender charges” and “Loss of Amenities”,
respectively. Further, the amount awarded under the heads
“Transport Expenses” and “Extra Nourishment” appears to be
meagre and hence, the same are enhanced to Rs.15,000/- and
Rs.25,000/- respectively.
9. As the amount awarded by the Tribunal under other
heads are just and reasonable, the same are confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
S.No |
Description |
Amount awardedby Tribunal(Rs) |
Amount awardedby this Court(Rs) |
Awardconfirmedorenhancedor granted |
|---|---|---|---|---|
1. |
Loss of Income |
63,000/- |
63,000/- |
Confirmed |
2. |
Medical Bills |
75,000/- |
75,000/- |
Confirmed |
3. |
TransportExpenses |
10,000/- |
15,000/- |
Enhanced |
4. |
ExtraNourishment |
10,000/- |
25,000/- |
Enhanced |
5. |
PainandSuffering |
25,000/- |
25,000/- |
Confirmed |
6. |
Furture MedicalExpenses |
25,000/- |
25,000/- |
Confirmed |
7. |
Loss of Assets |
5,000/- |
5,000/- |
Confirmed |
8. |
Attender charges |
Nil |
15,000/- |
Granted |
9. |
Lossofamenities |
Nil |
15,000/- |
Granted |
Total |
2,13,000/- |
2,63,000/- |
||
30% |
20% |
Reduced |
||
Contributory |
Contributory |
|||
Negligence =Rs.63,900/- |
Negligence =Rs.52,600/- |
|||
Grand Total |
Rs.1,50,000/- |
Rs.2,10,400/- |
10. The appellant/claimant is entitled to 80% of the
Award amount, i.e. Rs.2,10,400/- (Rupees Two lakhs Ten thousand
and Four hundred only). The respondent/Transport Corporation is
directed to deposit 80% of the Award amount i.e. Rs.2,10,400/-
together with interest at the rate of 7.5% per annum from the
date of Claim Petition till the date of deposit.
11. The respondent/Transport Corporation is directed to
deposit the Award amount determined by this Court, along with
interest and costs, less the amount already deposited, if any,
within a period of eight weeks from the date of receipt of a
copy of this judgment to the credit of M.C.O.P.No.493 of 2015 on
the file of the Motor Accident Claims Tribunal, (Subordinate
Court), Sankari. On such deposit being made, the Tribunal is
directed to transfer the Award amount directly to the Bank
account of the Appellant/Claimant through RTGS, within a period
of two weeks. The Appellant is directed to pay the necessary
Court fee, if any, on the enhanced compensation.
12. In the result, this Civil Miscellaneous Appeal is
allowed with the above modification and direction. No costs.
Sd/-
Assistant Registrar
// True Copy //
Sub Assistant Registrar
rsi
To
1. The Subordinate Judge, The Motor Accident Claims Tribunal, Sankari.
2. The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.1740 of 2020
SR-II(CO)
RLP(21/10/2021)
2 issues framed by the court
Whether the Quantum of compensation awarded by the Tribunal should be enhanced including attender charges and loss of amenities.
Whether the Tribal finding of 30% contributory negligence should be modified considering the age and nature of injuries.
1 provisions across 1 enactments
Subramaniam
The Managing Director, Tamilnadu State Transport Corporation Ltd.
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court